Cooperative agreement signing ceremony between VIAC and PCA

27/12/2018 10:27

On the afternoon of December 17th 2018, Vietnam International Arbitration Centre (VIAC) has signed the Cooperative Agreement with the Permanent Court of Arbitration (PCA).

Speaking at the signing ceremony, Mr. Brooks W. Daly and Mr. Vu Anh Duong – Secretary General of VIAC, updated recent activities of both institutions and expressed their contentment with positive statistics demonstrating the growth in scope of operation as well as the number of disputes resolved at the two institutions.

In the course of the ceremony, Mr. Brooks W. Daly made emphasis on the international standard of arbitral proceedings at VIAC, which VIAC currently excels at, should be the decisive element in making VIAC the leading arbitration institution in Vietnam and a notable organization in the region. In searching for a cooperative solution in Vietnam, PCA has noticed that VIAC - with its high experiences, influences and reputation in Vietnam -  is the strategic partner for a comprehensive cooperation.

Mr. Brooks Daly is also happy to inform Mr. Duong that there are 02 VIAC listed arbitrators: Mr. Nguyen Khanh Ngoc (Deputy Minister of Justice) and Mr. Dang Xuan Hop (founder of HopDang Chambers) in the list of Members of the PCA.

Ông Brooks W. Daly Phó Tổng Thư ký PCA (bên trái) và ông Vũ Ánh Dương, Phó Chủ tịch thường trực, Kiêm Tổng thư ký VIAC (bên phải)

At the ceremony, Mr. Duong has also informed Mr. Brooks on some disputes that VIAC has resolved with the involvement of state-owned enterprises, companies with state capital and even Vietnamese Government entities as a party of the arbitration. Mr. Duong affirmed that the principles of VIAC has always been to maintain the independence of an intermediary and to provide high-quality dispute resolution services for the business community in today’s period of economic integration.

According to the singed Cooperative Agreement, VIAC would be joining the list of “appointing authorities” executing the appointment of arbitrators pursuant to the designation of the Secretary General of PCA. Additionally, hearings under PCA Rules of Arbitration held in Vietnam shall be organized and supported by VIAC. The Agreement also provided cooperative proposals between VIAC and PCA through co-hosting events and arbitration training courses.

The Permanent Court of Arbitration (PCA) is based at the Peace Palace, The Hague, Netherlands. PCA is a long-standing organization which has been in operation for 120 years (founded in 1899) and was the first inter-governmental organization founded with the purpose of creating international dispute resolution forums through arbitration and other amicable methods.

PCA shall assists the constitution of ad-hoc arbitral tribunals to resolve disputes according to requests from member states. Vietnam officially joined the 1899 La Hague Convention and 1907 La Hague Convention since 27th December 2012. Currently, PCA is prepared to resolve disputes arising out of international treaties between states and disputes arising between government entities, government or state corporations and investors on a civil contractual basis.

PCA is actually the institution which received and resolved the dispute on the sovereign authority over the South China Sea between Philippines and China in 2013. The case was closed in 2015 with the arbitral award ruling that China has no “historical rights” based on something called “nine-dash line map”.

Vietnam International Arbitration Centre (VIAC) is the first institutional arbitration organization founded in Vietnam. VIAC was established in 1993 on the basic of merging the Foreign Trade Arbitration Committee (founded in 1963) and the Marine Arbitration Committee (founded in 1964). VIAC was founded with the purpose of not only becoming the model arbitration institution, providing dispute resolution services by arbitration and mediation pursuant to international standards for business communities in Vietnam, but also the organization promoting the growth of arbitration as well as other alternative dispute resolutions (ADRs) in Vietnam -  which are widely used dispute resolution methods around the world.

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